The Autistic Me: Beyond the Blog

Public Law 108-446
108th Congress

An Act

To reauthorize the Individuals with Disabilities Education Act, and for other purposes. <<NOTE: Dec. 3, 2004 - [H.R. 1350]>>

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Individuals with Disabilities Education Improvement Act of 2004. 20 USC 1400 note.>>

(602)(a)(3) Child with a disability.—

(A) In general.—The term ‘child with a disability’ means a child—

(i)    with mental retardation, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance (referred to in this title as ‘emotional disturbance’), orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and

(ii)   who, by reason thereof, needs special education and related services.

(662)(b)(2)

(G) Developing and improving programs to train special education teachers to develop an expertise in autism spectrum disorders.

SEC. 663. Technical Assistance, Demonstration Projects, Dissemination of Information, and Implementation of Scientifically Based Research.

(a)    <<NOTE: Grants. Contracts. 20 USC 1463.>> In General.—The Secretary shall make competitive grants to, or enter into contracts or cooperative agreements with, eligible entities to provide technical assistance, support model demonstration projects, disseminate useful information, and implement activities that are supported by scientifically based research.

(c)    Authorized Activities.—Activities that may be carried out under this section include activities to improve services provided under this title, including the practices of professionals and others involved in providing such services to children with disabilities, that promote academic achievement and improve results for children with disabilities through—

(8)   focusing on the needs and issues that are specific to a population of children with disabilities, such as providing single-State and multi-State technical assistance and in-service training—

(D) to schools and personnel providing special education and related services for children with autism spectrum disorders;

According to Individuals with Disabilities Education Improvement Act (IDEIA or IDEA) 2004 regulations [US Department of Education, 2005 (c)(1)(i)], eligibility for special education services as a student with autism is defined as follows:

1.           Autism means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three that adversely affects a child’s educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotypical movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences.

                                               i.     Autism does not apply if a child’s educational performance is adversely affected primarily because the child as an emotional disturbance, as defined in paragraph (c)(4) of this section.

                                             ii.     A child who manifests the characteristics of autism after age three could be identified as having autism if the criteria in paragraph (c)(1)(i) of this section are satisfied.